Madras High CourtCRL OP(MD)/8019/2021disposed of

Karthiga v. The Inspector Of Police

2021-06-18Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8019 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8019 of 2021 1.Karthiga 2.Dhanalakshmi 3.Alaguraja 4.Kaleeswaran 5.Satheesh 6.Ramu ... Petitioners/Accused 1 to 6 Vs.

1.The State representated by Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

(Crime No.110 of 2016) ... Respondent/Complainant 2.Sappani ... Respondent/Informant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue direction to the learned Judicial Magistrate, Thiruppuvanam, Sivagangai District to conduct the ongoing trial without insisting to furnish sureties for executing bond under Section 88 of Cr.P.C., for our appearance in C.C.No.111 of 2020 on the file of the Judicial Magistrate Court, Thiruppuvanam, Sivagangai District.

For Petitioners : Mr.R.Murugappan For R1 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed to issue direction to the learned Judicial Magistrate, Thirupuvanam, Sivagangai District, to conduct ongoing trial without insisting to furnish sureties for executing bond under Section 88 of Cr.P.C., for our appearance in C.C.No.111 of 2020 on the file of the Judicial Magistrate Court, Thiruppuvanam, Sivagangai District.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.

3. The learned counsel appearing for the petitioners would submit that they were excommunicated by the village people and therefore, they are not in a position to arrange sureties.

4. On perusal of the records, it is seen that the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8019 of 2021 was granted anticipatory bail by this Court in CRL.O.P.(MD).No.7992 of 2016 on 11.05.2016 with conditions. But, they have not complied with the order passed by this Court. Later, they appeared before the concerned Trial Court, on receipt of summons. On noticing the fact that the petitioners have not executed the sureties, the learned Judicial Magistrate has passed an order directing the petitioner to execute the sureties. Aggrieved over the same, the petitioner has filed this petition to modify the conditions because of excommunication from their village people.

5. Since the petitioners have not complied with the orders which has been passed by this Court in anticipatory bail application, this Court is not in a position to consider the request made by the petitioner. However, they are at liberty to approach the learned Judicial Magistrate, Thiruppuvanam, Sivagangai for modification of the condition by setting out the facts and circumstances.

6. With this liberty, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) ssb Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate, Thirupuvanam, Sivagangai District.

2.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.8019 of 2021 18.06.2021 CN (30.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2